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Australia Post Terms & Conditions

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PART E – LIMITATION OF AUSTRALIA POST’S LIABILITY<br />

PRELIMINARY<br />

67 Interpretation<br />

67.1 In this part unless the contrary intention appears:<br />

67.1.1 "carriage" includes carriage by an employee before lodgment and after<br />

delivery in a bag that has been sealed by <strong>Australia</strong> <strong>Post</strong> or has been locked or<br />

held by a community bag holder for lodgment at an office or for delivery to an<br />

addressee;<br />

67.1.2 "lost" means unable to be found or located after reasonable inquiries by<br />

<strong>Australia</strong> <strong>Post</strong> and includes where <strong>Australia</strong> <strong>Post</strong> reasonably believes that an<br />

article has not been delivered;<br />

67.1.3 "non-negotiable securities" includes passports, wills and certificates of title.<br />

EXCLUSIONS AND LIMITATIONS<br />

68 Liability and Indemnity<br />

68.1 This section applies where <strong>Australia</strong> <strong>Post</strong> provides a service in relation to the carriage<br />

of a letter or article where <strong>Australia</strong> <strong>Post</strong>, has not provided the sender with a receipt<br />

for the letter or article and where <strong>Australia</strong> <strong>Post</strong>, and a person have not entered into<br />

any other agreement in relation to liability for loss or damage. <strong>Australia</strong> <strong>Post</strong> will not<br />

be liable for loss or damage arising from or caused by:<br />

68.1.1 the injury, illness or death of any person;<br />

68.1.2 misdelivery including delivery otherwise than to the addressee, delayed<br />

delivery, early delivery or failure to deliver any letter or article;<br />

68.1.3 damage to the contents of an article whether concealed or otherwise,<br />

including but not limited to deterioration, contamination or evaporation of<br />

any article or thing; or<br />

68.1.4 any other loss or damage of any kind,<br />

however caused and whether direct or consequential, including, but not limited to,<br />

negligence or breach of contract by <strong>Australia</strong> <strong>Post</strong>, its employees, servants or agents,<br />

that arises in whole or in part from, or in connection with, any services provided by<br />

<strong>Australia</strong> <strong>Post</strong>.<br />

68A Liability and indemnity<br />

68A.1 This section applies where <strong>Australia</strong> <strong>Post</strong> and a person have not entered into any<br />

other agreement in relation to liability for loss or damage and where s.68 does not<br />

apply. <strong>Australia</strong> <strong>Post</strong> will not be liable for loss or damage arising from or caused by:<br />

<strong>Australia</strong> <strong>Post</strong> <strong>Terms</strong> and <strong>Conditions</strong> 52

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